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Antitrust State of Play for Healthcare Providers Under a New Administration - Part I: Mergers and Acquisitions

Antitrust scrutiny of large technology companies may be in the headlines, but what some have dubbed "Big Med" is being eyed by the Biden Administration and federal agencies for heightened antitrust enforcement. Hospitals,...more

FTC's Hospital Merger Win Streak Ends

On Monday morning, the Federal Trade Commission quietly added a sentence to its web page dedicated to the Commission's challenge of a proposed merger of two health systems in Philadelphia's northern suburbs, Thomas Jefferson...more

Antitrust Division Prosecutor Testifies That DOJ Targeted Cannabis Related Mergers for Scrutiny

The acting Chief of Staff at the Department of Justice's Antitrust Division, John Elias, testified at the House Committee on the Judiciary's hearing into "political interference and threats to prosecutorial independence." In...more

Price Gouging and Other Pricing Issues During the COVID-19 Pandemic

Our country is facing critical shortages of supplies that are essential to the fight against COVID-19. Hospitals and health systems are struggling to procure the personal protective equipment and ventilators necessary for the...more

How to Avoid Antitrust Problems When Working Together to Defeat COVID-19

When healthcare providers, medical equipment manufacturers, and others on the front lines of our common battle against COVID-19 join forces to provide care or manufacture desperately needed medical supplies, do they really...more

Updated Vertical Merger Guidelines Suggest Increased Scrutiny of Vertical Mergers

Last week, the Department of Justice and Federal Trade Commission released for public comment proposed updated guidelines for vertical merger enforcement....more

Robust Antitrust Compliance Programs May Help Companies Avoid Criminal Antitrust Charges

The Department of Justice (DOJ) Antitrust Division recently announced it will now consider "robust" compliance programs when contemplating bringing criminal charges for antitrust violations. ...more

FTC Examines Antitrust Immunity for Healthcare Deals

We thought you might be interested in a short summary of a workshop the FTC recently held on the impact of certificates of public advantage on healthcare markets. ...more

New Washington Law Requires Advance Notice to the Attorney General for Certain Healthcare Transactions

Starting January 1, 2020, hospitals, health systems, and many other healthcare providers must give notice to the Attorney General 60 days in advance of closing certain transactions. ...more

New PNO HSR Rule Interpretation Will Change Reportability Requirements for Certain Hospital Transactions

The Federal Trade Commission’s Premerger Notification Office (PNO) recently revised its interpretation of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) filing requirements for transactions...more

DOJ Antitrust Division Plans to “Modernize” Its Merger Review Process

The assistant attorney general in charge of DOJ’s Antitrust Division, Makan Delrahim, on September 25, 2018, revealed the Division’s plans to revise its merger review process to shorten the review time period. ...more

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